California Injury Lawyer Blog

According to KCRA News, a motorcyclist died Tuesday night and 10 people were injured, including two young children, in a crash on Interstate 505 near Winters that the CHP says was alcohol related. The Yolo County crash occurred around 10 p.m. when a vehicle carrying six people spun out of control and struck a guardrail near SR 128. The driver of that vehicle was suspected of driving under the influence of alcohol. Two cars travelling southbound on 505 were not able to avoid the wreckage. A motorcyclist also swerved to avoid the wreckage, but ended up losing control and crashing. The motorcyclist died at the scene. The injured victims were taken to four area hospitals with injuries ranging from minor to major.

Cause of the Winters Crash

The California Highway Patrol is investigating the cause of the August 3rd multi vehicle crash near Winters. However, if news reports are accurate, it appears that the accident was at least partially, if not completely, caused by a drunk driver. Toxicology tests are pending and the CHP is also investigating other possible contributing factors.

Liability for Injuries and Deaths Resulting From Drunk Driving Accidents

Drinking and driving kills more than a thousand people a year in California alone. At Estey Bomberger, our personal injury attorneys fight to protect the rights of injured victims of drunk driving accidents, and families who have lost loved ones in accidents caused by drunk drivers. In situations such as this one, the family members of the victims of this Highway 505 crash would be well-advised to contact a northern California drunk driving accident injury lawyer about their legal rights following this accident. A skilled lawyer can help them hold the at-fault parties responsible and recover the maximum compensation they may be entitled to for their injuries or loved one's wrongful death.

Continue reading "Motorcyclist Killed, 10 Injured in Alcohol-Related Crash on Interstate 505 " »

A motorcyclist was injured Thursday morning in a crash on the northbound 405 Freeway, near the Seal Beach Boulevard Exit, the Orange County Register reported. The July 29th accident was reported at 6:42 a.m. According to news reports, officers were told that a vehicle may have struck the motorcycle, forcing him to collide with another vehicle and knocking him off the bike. Further details about exactly what happened were not available.

Motorcycle Accidents and Personal Injury Liability

Statistically per vehicle mile traveled, motorcyclists are about 37 times more likely than passenger car occupants to die in a crash and 9 times more likely to be injured. Motorcylists face serious risks sharing the road with other vehicles. Especially on freeways and highways, negligent drivers may not see a motorcyclist before it is too late to avoid a collision. In any situation involving where a motorcyclist is seriously injured in a collision with another vehicle, the family members of the victim would be well-advised to contact an experienced California motorcycle accident attorney as soon as possible following an accident. A skilled motorcycle accident lawyer can help the victim understand his legal rights to compensation for medical expenses, lost earnings, and pain and suffering.

Continue reading "Motorcyclist Injured in 405 Freeway Crash " »

A Porterville woman riding a Harley-Davidson motorcycle suffered major injuries Tuesday afternoon when a car made a U-turn in the path of her motorcycle. According to news reports, a 43-year-old woman driving a 2006 Chevrolet sedan northbound on Plano Street when she began to make a U-turn near Scranton Avenue. The Chevy collided with a 2007 Harley Davidson driven by Joyann Williams, 38, of Porterville. The impact forced the motorcycle into an open field on the corner of Scranton Avenue. Williams was flown to Community Regional Medical Center with major injuries. The driver of the Chevy was not injured.

Cause of the Plano Street Motorcycle Accident

The Tulare County motorcycle accident is under investigation by the California Highway Patrol. Based on the limited information available in news reports, it appears that the driver of the Chevy failed to yield to the motorcyclist's right-of-way and pulled into the path of the Harley Davidson. The CHP will look at speed of the vehicles, whether or not the driver of the sedan was making a legal U-turn, and other factors to determine how this accident occurred.

Motorcycle Accidents and Personal Injury Liability

If it is determined that the driver of the Chevrolet caused this crash, she may be liable for the major injuries sustained by Joyann Williams. Compensation awarded in a personal injury claim may include damages for hospitalization and medical treatment, lost earnings, and pain and suffering. While this crash remains under investigation, the family of the victim may benefit from seeking a consultation with an experienced California motorcycle accident attorney about the victim's rights to compensation from this accident. A lawyer familiar with the unique legal issues of motorcycle accidents can help the victim protect her legal rights and recover maximum compensation for her serious injuries as a result of the crash.

Continue reading "Motorcyclist Seriously Injured in Crash with Car Making U-Turn in Porterville" »

A motorcyclist died Monday night after suffering critical injuries in an intersection collision in Taft, the Midway Driller reported. The Kern County accident occurred at the intersection of Kern Street (West Side Hwy / CA-33, and 8th Street, at about 8 p.m. According to news reports, a motorcycle was travelling eastbound on Kern Street, while at the same time an SUV was making a left turn from northbound Eighth Street to westbound Kern Street.

The motorcycle and the SUV collided at the intersection. The driver of the SUV was not hurt; the motorcyclist suffered major injuries and was rushed to Kern Medical Center, where he died at 9:29 p.m. The Kern County Sheriff-Coroner identified the victim as Steven Mason, 22, of Bakersfield. Mason was wearing a helmet, authorities reported.

Cause of the Crash

Based on the news reports, it appears that the driver of the SUV pulled out into the path of the motorcyclist. The motorcyclist did not have a stop sign at the intersection, while the driver of the SUV did. However, the official cause of the accident is still under investigation.

Motorcycle Accidents Involving Left-Turns

This type of collision involving a motorcycle with the right of way and a vehicle making a left turn is fairly common. On June 28th, a motorcyclist died in a Butte County motorcycle accident when a teen made a left turn in front of him. In May, a motorcyclist died in a similar motorcycle crash in Madera County involving a pickup truck making a left turn on Highway 41. While these failure-to-yield motorcycle accidents are common, unless excessive speed is involved, they are almost always the fault of the driver of the vehicle making a left turn.

Continue reading "Bakersfield Man Killed In Taft Intersection Crash " »

A 48-year-old Temecula man tragically died Sunday, July 4th, in a motorcycle accident in Valley Center, the San Diego County Medical Examiner reported. The accident occurred at about 10:15 a.m. on Lilac Road, south of West Lilac Road. According to news reports, the victim, Bradley Robert Eckhardt, was riding his vintage 1969 R350 Yamaha motorcycle southbound on Lilac Road. Just after he passed W. Lilac Road, he lost control of his motorcycle for unknown reasons. The motorcycle slid into the path of a Dodge Ram 2500 pickup truck, which was towing a loaded horse trailer. The driver of the Dodge truck was not able to stop before striking Eckhardt. He died at the scene.

Cause of the Motorcycle Accident

The cause of the accident is being investigated by the CHP's Oceanside office. Based on the limited information provided in news reports, it is not clear why the accident occurred, or what caused Eckhardt to lose control of his bike. Investigators will look at all possible causes and contributing causes, including mechanical failure, dangerous road condition, and rider error. The speed of the Dodge truck may also be a factor in the crash as well.

Continue reading "Temecula Man Killed in Valley Center Motorcycle Crash with Truck Towing Horse Trailer " »

A 65-year-old Oroville man tragically died Monday when a teen driver made a left turn directly into the path of his motorcycle on Forbestown Road. The Butte County coroner identified the man as Stephen Charles Greenman. According to news reports in the Sacramento Bee, Greenman was travelling west on Forbestown Road when an 18-year-old woman travelling east on Forbestown turned left at Hurleton Road. The 1994 Geo Prizm she was driving collided with Greenman's 2009 Harley-Davidson. Greenman, who was wearing was wearing a helmet, was ejected from the bike and died of his injuries.

The Forbestown Road crash occurred around 3:45 p.m., a few miles east of Olive Highway (CA-162). The driver of the Geo Prizm was identified as Elizabeth Dearden, 18, of Oroville. She and a female passenger in her vehicle both suffered minor injuries. Dearden was not cited immediately following the accident, but, according to a CHP officer, she could face either an infraction over the left turn or a misdemeanor charge of vehicular manslaughter for making a left turn causing death. The Butte County District Attorney will determine what charges, if any, the driver will face.

Cause of the Crash

If news reports of this Butte County motorcycle accident are accurate, Stephen Charles Greenman was not at fault for this collision, because he had the right of way, and the teen driver failed to observe him before attempting the left turn and colliding with his motorcycle.

Motorcycle Accident Wrongful Death Liability

In addition to possible traffic infractions or criminal charges for the fatal accident, the driver who is believed to have caused the accident may also be held financially responsible for the victim's death in a California wrongful death claim. The family of the victim would be well-advised to speak with a California motorcycle accident attorney about this accident as soon as possible. Monetary damages awarded in a wrongful death action may include compensation for funeral and burial expenses, anticipated future earnings and benefits, and loss of love, care and companionship of family members. An experienced attorney can help the victim's family understand and protect their rights, and advise them of their best course of action going forward.

Continue reading "Oroville Man Killed in Motorcycle Crash Caused by Teen Driver " »

The Palm Springs Police Department is investigating a crash that killed one person and critically injured another Monday night in Riverside County. The solo motorcycle accident occurred on Northbound Gene Autry Trail in Palm Springs, about ¼ mile south of Tamarisk Road just before 10 p.m. on May 10th, the Riverside County Sheriff-Coroner reported in a press release. Apparently, the driver of the motorcycle lost control of the bike and struck the center median, throwing the driver and passenger from the bike. The male driver of the motorcycle suffered life-threatening injuries and was taken to Desert Regional Medical Center in Palm Springs. The female passenger, Valondra Lesher, 45, of Desert Hot Springs, died of her injuries at the scene of the accident.

Cause of the Accident

The cause of the crash is still under investigation and it is not clear what exactly happened. The Desert Sun reported that police were looking into the possibility that high winds played a role in the crash, but had also not ruled out possible drug or alcohol impairment. The news reports covering this incident offer limited information as to what happened. At this point, we don't know if the driver of the motorcycle was at fault, or if there was a dangerous condition in the road, or a mechanical defect in motorcycle. Investigators will look at these and other issues to determine exactly what happened.

Possible Liability Issues

In any motorcycle accident resulting in serious injury or death, victims and their families are always advised to contact a skilled, experienced California motorcycle accident attorney who can look into all legal issues related to the accident, and if negligence is involved, hold the liable parties responsible for the victim's serious injuries or the wrongful death of a loved one. If the accident was caused by a dangerous condition or defect in the road, the agency responsible for maintaining the roadway may be liable. Keep in mind that any claim against a government agency must be filed with six months of the date of the accident, so it is best to talk to a lawyer as soon as possible. Damages awarded in a wrongful death claim can include compensation for funeral expenses, expected future earnings, loss of love and companionship, and other expenses related to the accident.

Continue reading "Desert Hot Springs Woman Killed in Motorcycle Accident " »

A motorcyclist was killed Wednesday after his Harley Davidson collided with a pickup truck in Madera County, authorities reported. The crash occurred at the intersection of California State Route 41 and Avenue 15 around 2:15 p.m. on May 5th. According to reports by CBS47, the driver of the pickup truck was turning left from Hwy 41 onto Avenue 15, and the Harley Davidson motorcycle was travelling southbound on Highway 41 when it collided with the side of the truck. The driver of the pickup truck suffered minimal injuries. The motorcyclist was identified as 56-year-old Gary Stephen Mederios of Ranchos Santa Margarita, CA.

Madera County Fatality Accidents

In 2008, there were 12 fatalities in 11 different accidents in Madera County. Official statistics for 2009 are not yet available, but there were a number of very serious accidents in Madera County last year. Three people were killed in a suspected alcohol-related accident in August 2009 on Highway 41. A 19-year-old was killed in a 3-car crash on Avenue 7 near Avenue 12 on May 12, 2009.

Cause of the Motorcycle Accident

The California Highway Patrol is still investigating the cause of the May 5th motorcycle accident, but a spokesman for the agency reportedly said it appears the driver of the pickup truck failed to yield to the right of way of the biker. If the driver is found to have caused this crash, he could possibly face charges. Even if he is not cited the accident, he may be financially liable for the motorcyclist's death. Depending on how this accident occurred, the family of the victim may be entitled to compensation for the wrongful death of the their loved one in a civil claim. In cases such as this one, the family of the victim may benefit from speaking to a California motorcycle accident lawyer about their legal rights in a possible wrongful death claim.

Continue reading "Motorcyclist Killed in Madera County Crash with Pickup Truck " »

A 24-year-old Fresno man was tragically killed Sunday morning after his motorcycle collided with a car that turned in front of him, the Fresno Bee reported. The accident occurred on Audobon Drive, just west of Friant Road, near Woodward Park, around 9:20 a.m. on May 2 near Fresno Heart and Surgical Hospital. The victim was identified as Andre Fernandez.

According to the Fresno Bee, Fernandez, who was wearing a U.S. Department of Transportation approved full-face helmet, was heading eastbound on Audubon Drive on a Honda CBR600RR sport bike. A car heading westbound on Audubon turning left into a hospital parking lot struck Fernandez. He died at the scene of the crash.

Our sympathy goes out to the family of Andre and everyone who knew and loved him during this surely difficult time. Please keep his family in your prayers.

Fault and Wrongful Death Liability

The cause of the Fresno motorcycle accident is still under investigation and authorities have not officially determined the cause of the accident. However, if news reports are accurate, it sounds as though the driver of the car likely caused this crash by pulling into the path of the motorcycle. If the motorcyclist was speeding he may be at fault partially, but there is nothing in the news reports to indicate that.

While this accident is under investigation, the family of Andre Fernandez would be well-advised to consult with a California motorcycle accident attorney about their rights in a wrongful death claim against the at-fault party and the liability issues involved. An attorney can review the report of the accident and advise the family of their best course of action in a wrongful death action following this accident, and time limits governing this case.

Continue reading "24-Year-Old Motorcyclist Killed in Fresno Crash " »

A 35-year-old Richmond man died Wednesday night when he was struck by a suspected drunk driver in San Pablo, authorities reported. The victim, Anthony Walker, 35, of Richmond, was riding his motorcycle home from a Bible study class at Rock Harbor Christian Fellowship on Church Lane when he was hit by the Ford pickup truck. He died in the street at the scene of the crash.

The driver of the pickup truck, Juan Manuel Ruelas, 43, fled the scene of the accident on foot with the pickup truck still running and his brother sitting in the passenger seat. Police found him at his home in Richmond early Thursday morning, where he was arrested. He had been driving on a suspended license and was currently on probation for a prior DUI conviction, police told the Contra Costa Times.

Ruelas was arrested on charges of felony hit-and-run, vehicular manslaughter and driving while intoxicated. DMV records revealed his license had been suspended after two DUI convictions, including one just two months ago. He is currently being held on $200,000 bail.

This completely preventable tragedy is heartbreaking. KTVU News reported Walker, an employee of the County of Marin, was the father of a three-year-old little girl, and was being trained to become a firefighter. Our sympathy goes out to Anthony Walker's family and friends for their sudden and unexpected loss. If Ruelas was determined to be intoxicated, we hope is prosecuted to the fullest extent allowed by law.

Civil Liability and Wrongful Death

If the news reports of this incident are correct, this accident was caused by the reckless actions of the drunk driver. Under California Vehicle Code Section 23152, driving while under the influence of alcohol is against the law. In cases such as this one, a driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges Under California Penal Code section 191.5 (a). In addition to criminal charges for drunk driving, the victim may also be held responsible financially in a civil wrongful death claim. The victim's family may pursue a California wrongful death claim and seek monetary damages to cover funeral expenses, loss of future earning, loss of love and companionship, and other expenses related to the accident.

Continue reading "East Bay Man Struck and Killed by Suspected Repeat Drunk Driver in San Pablo" »

A 38-year-old Fresno man was killed in an off-road vehicle crash Friday in eastern San Luis Obispo County, the California Highway Patrol reported. The accident occurred about 4:50 p.m. Friday on a dirt service road about 1.6 miles west of Soda Lake Road, and 6.9 miles north of Highway 166, in the Carrizo Plain National Monument.

On Tuesday authorities identified the victim as Matthew Drake, 38, of Fresno. Drake had been riding a 1996 dual sport motorcycle with three other people when for unknown reasons, he did not stop the motorcycle before hitting the edge of the ravine. Drake was wearing a helmet but still sustained fatal injuries when he was thrown from his bike. The CHP is investigating the cause of the crash.

Please keep Matthew Drake's family in your prayers. Our sympathy goes out to everyone who knew and loved him.

Based upon the reports of the accident in the Fresno Bee and the Taft Midway Driller, the cause of the accident is not clear. Why was Drake not able to stop his motorcycle? While this off-road motorcycle accident remains under investigation, the family of Matthew Drake may benefit from a consultation with a Fresno wrongful death attorney. An attorney can determine if the motorcycle was possibly defective and contributed to the accident. Honda has issued dozens of recalls over the years for problems and safety issues in their motorcycles. If a malfunction of the motorcycle caused or contributed to the fatal accident, the family may consider filing a wrongful death claim against Honda for their loss.

Continue reading "Fresno Man Killed in Off-Road Vehicle Accident in San Luis Obispo County" »

The California Highway Patrol is investigating a tragic accident early Thursday morning that killed a 23-year-old Norco man. The man, Brian Sgambati, was riding his motorcycle on Limonite Avenue when he crashed into the pickup truck. The accident occurred at about 12:15 a.m., and the Sgambati was pronounced dead at 12:27 a.m.

The crash occurred on Limonite Avenue about 1,000 feet east of Bain Street in Riverside. The driver of the 1993 pickup truck, Valentin Feliciano, 56, of Riverside, was arrested following the accident on suspicion of driving under the influence of alcohol. Officers conducted a field sobriety test which confirmed Feliciano was under the influence. According to the San Bernardino Sun, Feliciano had several prior DUI arrests. He will be charged with gross vehicular manslaughter while intoxicated, according to the CHP.

Continue reading "Driver Arrested after Norco Motorcyclist Killed in Head-on Collision with Pickup Truck " »

A 25-year-old Lindsay man was killed and a 22-year-old Lindsay man was critically injured Sunday night in a crash in Tulare County, authorities have reported. The collision occurred just before 8 p.m. at the intersection of Sierra View Street and Lafayette Avenue. Javier Benitez Luna, 25, died at the scene. Juan Carlos Zapata, 22, was airlifted to Community Regional Medical Center.

According to reports in the Porterville Recorder Online, an ATV travelling east on East Sierra View Street collided with a dirt bike going west on East Sierra View Street. It was not immediately clear which person was riding which vehicle. Police reported the two men, who were both wearing helmets, failed to stop at the intersection. An investigation is ongoing and toxicology results are pending. It is not known if alcohol was a factor in the crash. Anyone with information is asked to call the Lindsay Police Department at (559) 562-2511.

Continue reading "One Killed, One Seriously Injured in ATV vs. Motorcycle Collision in Lindsay " »

A California Highway Patrol was taken to Valley Care Medical Center in Pleasanton, CA after he crashed his motorcycle on Highway 84 Wednesday evening, near Sunol. The officer, based in San Jose, was riding east on Highway 84 when the back wheel reportedly began to wobble, near the rear tire or rear axle area. The officer crashed and fell onto the road at speeds between 25 to 40 mph. The accident in unincorporated Alameda County happened at about 6:15 p.m., authorities reported. The official cause of the motorcycle accident is still under investigation, but authorities believe it is due to a malfunction in the motorcycle. It sounds as though this officer's injuries were relatively minor, and we hope he makes a full recovery.

Defective parts in motorcycles are responsible for a small percentage of injury and fatal motorcycle accidents. If you are injured in a motorcycle accident, it is important that you not discard or repair the motorcycle until an investigation can be completed. If your accident was caused by a defective part, or negligence in the assembly or maintenance of your bike, you may be entitled to compensation for your injuries or a family member's wrongful death.

Continue reading "CHP Officer Injured in Crash After Motorcycle Malfunctions on Highway 84" »